The above-captioned cases were initially reviewed by a subcommittee of the Board on April 24, 2006 at 9:30 A.M.  At that time, Chairman Farrell and Executive Director Coffey were present.  The fire service was represented by Assistant Deputy State Fire Marshal Lisa A. Krapf of the Providence Fire Marshals Office.  In addition to Mr. Sepe, the Applicant was also represented by the Mount Vernon Group Architects, the Gilbane Construction Company and the Dimeo Construction Company.
	The Subcommittees recommendations were presented to, and reviewed by, the full Board during its April 25, 2006 hearing at 1:00 P.M.  At that time, Chairman Farrell, Vice Chairman Coutu and Commissioners Richard, Burlingame, Preiss, Blackburn and Filippi were present.  The fire service was again represented by Assistant Deputy State Fire Marshal Lisa A. Krapf of the Providence Fire Marshals Office.  A motion was made by Vice Chairman Coutu and seconded by Commissioner Filippi to approve the Subcommittees recommendations for the cited schools, with the time frames set for compliance.  The motion was unanimous.

FINDINGS OF FACT
	Each of the listed schools below also references an inspection report.  These reports were individually compiled by the Providence Fire Marshals Office.  The above reports were utilized by the Subcommittee, the Applicant and the Providence Fire Marshals Office during the subcommittee hearing on this matter.  Accordingly, the Board hereby incorporates the individual reports as its initial findings of fact.  Any modification of the Boards findings, such as correction of a deficiency by the Applicant, shall be noted herein.
	Any deficiency understood by the Board to have been corrected, which is not so corrected, shall be immediately corrected by the Applicant.  The term approved, as used herein, is understood to mean in accordance with the specific provisions related to the particular subject as are contained in this Code, or as approved in particular by the State Fire Marshal.

CONCLUSIONS AND VARIANCE REQUESTS
	The Subcommittee recommends the following plans of action for the listed Providence schools.
A.	70 Fricker Street (Central High) is the subject of a February 13, 2006 inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the commencement of the 2006-2007 academic year to correct all Phase II deficiencies within this school.
A-1.	The Board hereby grants a variance from the provisions of section 7.2.1.3.1 in order to allow the Applicant to maintain the slope at the door from the fitness rooms and the thresholds from the corridors into the classrooms at the direction and to the satisfaction of the Providence Fire Marshals Office.  This variance is granted pursuant to the existing conditions and structural hardship.
A-2.	The Board hereby grants a variance from the provisions of section 13.9.3 in order to allow the Applicant to install seismic protection, where existing structural elements are exposed, at the direction and to the satisfaction of the Providence Fire Marshals Office.
A-3.	The Board hereby grants a variance from the provisions of section 15.2.3.2 in order to allow the applicant to temporarily reduce the corridors in this facility from eight (8) feet to five (5) feet during the approved planned construction at the direction and to the satisfaction of the Providence Fire Marshals Office.
A-4.	The Board hereby authorizes the Providence Fire Marshals Office to approve the issuance of a temporary certificate of occupancy for this facility.
B.	155 Harrison Street (Harrison Street) is the subject of an October 14, 2005 inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
B-1.	The Board hereby grants a variance from the provisions of section 7.2.2.4.1.6 in order to allow the Applicant to not provide handrails on the cited interior steps at the main entrance.  In granting this variance, the Board notes that the door swings over a narrow vestibule area and that a railing would potentially obstruct the egress.  (Cited as Item 8 in the inspection report.)
C.	240 Laban Street (Laural Hill Annex) is the subject of a September 6, 2005 inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
C-1.	The Board hereby grants a variance in order to allow the Applicant to continue to use the cited closet for storage at the direction and to the satisfaction of the Providence Fire Marshals Office.  In granting this relief, it is the understanding and direction of the Board that the closet has an approved rated door and closure and is further protected by an approved sprinkler head.  (Cited as Item 6 in the inspection report.)
D.	29 Bainbridge Street (West Broadway) is the subject of a November 9, 2005 inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
D-1.	The Board hereby directs the Applicant to correct deficiency 1 (F) by immediately removing the cited tables and chairs from the corridors and immediately securing the cited television stands at the direction and to the satisfaction of the Providence Fire Marshals Office.
D-2.	The Board hereby directs the Applicant to correct deficiency 5(A) by immediately removing the cited storage from the closets cited in Item 5(A) at the direction and to the satisfaction of the Providence Fire Marshals Office.
D-3.	The Board hereby authorizes the Applicant to maintain the two operating generators cited in Item 6 and further directs the Applicant to test and service these generators at the direction and to the satisfaction of the Providence Fire Marshals Office.
D-4.	The Board hereby grants a variance in order to allow the Applicant to maintain the cited kindergarten and first grade classrooms until the end of the 2005-2006 school year.  The Board hereby directs the Applicant to correct this deficiency, at the direction and to the satisfaction of the Providence Fire Marshals Office, prior to the commencement of the 2006-2007 school year.  (Cited as Item 10 in the inspection report.) 
D-5.	The Board hereby grants a variance in order to allow the Applicant to maintain the cited dimensions of the existing concrete stairs at the direction and to the satisfaction of the Providence Fire Marshals Office.  In granting this relief, it is the understanding and direction of the Board that the cited stairs are service stairs with limited student use.  (Cited as Item 22.)
E.	234 Daboll Street (Fortes & Lima) is the subject of a January 31, 2006 inspection report covering the main complex, and a November 9, 2005 report covering the Commissary, both compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the Commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
E-1.	The Board hereby directs the Applicant to correct Deficiency 8(C) by immediately removing, or properly sizing, the cited rug at the exterior exit door on the first floor corridor, at the direction and to the satisfaction of the Providence Fire Marshals Office.
E-2.	The Board hereby directs the Applicant to correct Deficiency 27 by providing the Providence Fire Marshal with a letter, from the Applicants engineer, that confirms that all fire dampers have been installed in accordance with the fire code for existing educational occupancies and a prior variance.
E-3.	The Board hereby directs the Applicant to correct Deficiency 4, as listed on the Commissary Report, by properly installing and maintaining the cited loading dock guards, at the direction and to the satisfaction of the Providence Fire Marshals Office.
F.	35 Camp Street (Martin Luther King) is the subject of an October 5, 2005 inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
F-1.	The Board hereby directs the Applicant to provide the Providence Fire Marshal with a letter from the Providence Water Supply Board allowing the standpipe in this facility to be supplied from the domestic water supply.  If the Building Department does not require this system, it may be removed.  If it is required, or the Applicant wishes to maintain it, the Applicant is directed to provide it with approved tamper switches, at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of 2006-2007 school year.
F-2.	The Board hereby directs the Applicant to correct the rescue windows, cited in Deficiency 13, or to sprinkler the area at the direction and to the satisfaction of the Providence Fire Marshals Office before the commencement of the 2006-2007 school year.
F-3.	The Board hereby grants the Applicant a time variance through January 31, 2007, to maintain temporary fire alarm wiring to support the upgrade fire alarm system that is to be completed by the 2006-2007 school year.  This variance is granted in order to allow the installation of permanent fire alarm wiring to be coordinated with the Applicants asbestos removal program.  The Providence Fire Marshals Office is hereby authorized to extend the January 31, 2007 deadline for permanent fire alarm wiring, by an additional sixty (60) days for good cause shown.
F-4.	Finally, as a condition of the above relief, the Board hereby directs the Applicant to equip the cafeteria doors with magnetic hold-open devices, tied into the fire alarm system, at the direction and to the satisfaction of the Providence Fire Marshals Office prior to the commencement of the 2006-2007 school year.
G.	647 Prairie Avenue (Young and Woods) is the subject of an October 5, 2005 inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
G-1.	As a condition of the above time variance, the Board directs the Applicant to provide public access to the public hydrant inside the fence at the direction and to the satisfaction of the Providence Fire Marshals Office.
H.	156 Reservoir Avenue (Reservoir Avenue) is the subject of an October 7, 2005 inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
H-1.	The Board hereby directs the Applicant to remove the cited storage closet accessed within the stair enclosure on the west side of the building basement level.
H-2.	Within the above-cited time variance period, the Board directs the Applicant to either remove the window grates, cited in Item 15, or to sprinkle the area, or to provide the grates with manual unlatching devices at the direction and to the satisfaction of the Providence Fire Marshals Office.
H-3.	The Board hereby directs the Applicant to correct deficiency 17 by providing a modified sprinkler system covering the egress system and any hazardous areas, at the direction and to the satisfaction of the Providence Fire Marshals Office on or before the commencement of the 2007-2008 school year.
H-4.	The Board hereby directs the Applicant to address the radiators in the stairs by providing covers, at the direction and to the satisfaction of the Providence Fire Marshals Office, prior to the commencement of the 2006-2007 school year.
I. 	60 Camden Avenue (Kizirian School) is the subject of a march 8, 2006 inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the Commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
I-1.	In addition to the other items to be corrected by the 2006-2007 school year, the Board hereby directs the Applicant to either eliminate any classrooms cited in deficiency 19 that cannot be properly retrofitted with rescue windows, and provide the remaining classrooms with approved exit windows, or sprinkle at the direction of the Providence Fire Marshals Office by the commencement of the 2006-2007 school year.
J.	110 Paul Street (Windmill School) is the subject of a February 28, 2006 inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
J-1.	In addition to the other items to be corrected by the 2006-2007 school year, the Board hereby grants the Providence Fire marshals Office authority to extend the deadline for correction of deficiency 6(G) by an additional period, up to sixty (60) days beyond the commencement of the 2006-2007 school year.
K.	455 Wickenden Street (Vartan Gregorian) is the subject of an October 7, 2005 inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
K-1.	In addition to the other items to be corrected by the 2006-2007 school year, the Board hereby grants the Providence Fire Marshals Office authority to extend the deadline for correction of the cited hose valve cabinets deficiency by an additional period, up to sixty (60) days beyond the commencement of the 2006-2007 school year.  The Applicants options for compliance are outlined in an October 24, 2005 letter for the Providence Fire Marshals Office.
K-2.	It is the understanding of the Board that the Applicant shall correct the rescue window issue by providing sprinkler coverage at the direction of the Providence Fire Marshals Office prior to the 2006-2007 school year.  In the event the Applicant needs additional time, the Board hereby authorizes the Providence Fire Marshals Office to extend the above deadline, by an additional sixty (60) days, for good cause shown.
L.	65 Greenwich Street (Fortes & Lima Annex) is the subject of an October 7, 2005 inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
L-1.	The Board hereby grants a variance from the provisions of section 15.2.1.1, and its referenced standards, in order to allow the Applicant to utilize the room cited in Item 5 for safe storage.  Accordingly, it is the understanding of the Board that the Applicant shall remove the cited propane tank and shall not store such hazardous items, in this space, in the future.
M.	99 Kenyon Street (Carl G. Lauro) is the subject of a January 5, 2006 inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
M-1.	The Board hereby grants the Applicant a time variance, until the commencement of the 2007-2008 school year, in order to allow the Applicant to extend compliant sprinkler coverage throughout this building at the direction of the Providence Fire Marshals Office.
M-2.	The Board hereby grants a variance in order to allow the Applicant to utilize the proposed intervening exit between the gymnasiums, cited in Item 15, in order to provide each gymnasium with approved egress prior to the commencement of the 2006-2007 school year.  This variance is conditioned upon the use of gymnasiums exclusively by students gym classes.  In the event that the Applicant plans any other temporary use of either gymnasium, he shall first present the Providence Fire Marshal with a plan of action and secure the approval by that office.  The Applicant shall further comply with any additional directions from the Providence Fire Marshals Office.
N.	770 Westminster Street (Classical High) is the subject of a September 14, 2005 preliminary inspection report compiled by the Providence Fire Marshals Office.  With the specific exceptions listed below, the Subcommittee recommends that the Applicant be granted a time variance, until the commencement of the 2006-2007 academic year to correct all remaining deficiencies within this school.
N-1.	The Board hereby grants the Applicant a time variance, until the end of the 2005-2006 school year, to abandon the classroom use of the cited two rooms in the basement of this school.

STATUS OF DECISION AND APPEAL RIGHTS
	This Decision represents a comprehensive, integrated plan of fire safety for the above-captioned facility under the above-cited use or occupancy.  Accordingly, every variance granted is conditioned upon the Applicants timely and continued compliance with all of the directives of the Board. Every variance granted is further conditioned upon the continued use or occupancy of this facility under the above-cited classification reviewed by the Board.  (See: Board Rules and Regulations, section 6-2-17).
	Failure of the Applicant to initially comply with the full Decision of the Board, within the stated time frame, shall void all variances granted herein.  (See: Board Rules and Regulations, section 6-2-18.)  In the event of complete, timely and continued compliance with the full Decision of the Board, the above cited variances shall be deemed to have vested in the above-captioned facility.  As long as this facility is in continued compliance with the full Decision of the Board, the above-cited variances shall remain with this facility in the absence of any change in use or occupancy mandating review under a separate classification of the Fire Code or a revision of the above-cited classification.  (See: Board Rules and Regulations, section 6-2-19).  
Such changes in use or occupancy of this facility, or failure to continually comply with the Boards Decision shall void all variances granted under the above-cited use or occupancy.  If such change creates a new use or occupancy as outlined in R.I.G.L. 23-28.1-6, all variances granted under the original use or occupancy are void and this facility shall be reviewed under the newly created use or occupancy.  (See: Board Rules and Regulations, section 6-2-20).
	The Applicant may appeal the Boards Decision, within thirty (30) days of the mailing date of this Decision, by commencing an action against the State Fire Marshal in the Sixth division of the District Court.  Commencement of such an action does not operate as an automatic stay of this Decision [R.I.G.L. 42-35-15(c)].